Thursday, March 6, 2014

Orange County Sheriff to Keep Issuing Concealed-weapon Permits

I found this article interesting. The 9th Circuit issued a stay of its own decision while it considered the request by the California AG to reconsider the decision. The Orange County Sheriff is continuing to honor the original decision and is issuing carry permits.

"But some critics questioned why, with a stay in place, Sheriff Sandra Hutchens chose to adhere to the new, less-restrictive policy. The suspension, they argue, provides an opportunity to revert to the tougher permit requirements that Hutchens and other sheriffs in urban parts of California had maintained. Hutchens has said she would reconsider the new permit rules if a stay was issued."

“She has confused me completely,” said Charles Blek, president of the Orange County Brady Campaign to Prevent Gun Violence. “There is … no reason for her to continue with the new policy.”

"Since Feb. 19, when Hutchens changed the local standard, Hallock said the Sheriff's Department has received more than 700 applications. But it is taking more than 90 days to issue permits, and Hallock said the department is hopeful a court decision will be rendered by then."

My guess is that the Sheriff read the decision, understands it, and is in good faith following it. Right now they are determining whether the AG even has legal standing to contest the decision.

Mike, I hope you don't mind me reposting a comment I made from a different thread since it seems quite germane to this thread. I made it after I sent this article in to you.

"Things are getting more interesting in California. The Ninth Circuit has ruled in favor of citizens wishing to bear arms for self defense. The case is similar to Peruta in that the plaintiff was denied a permit for failure to show "good cause". Pretty soon it will be hard to keep the appeals and stays being thrown about straight.

"The Second Amendment Foundation and The Calguns Foundation earned a significant victory today when the Ninth Circuit Court of Appeals reversed and remanded the case of Richards v. Prieto, challenging the handgun carry license issuing policy of Yolo County, California, Sheriff Ed Prieto."

"The Richards case was argued at the same time, and to the same panel, that earlier decided Peruta v. County of San Diego, a similar case challenging overly-restrictive carry license policies. Yolo County and Sheriff Prieto argued that their policies were distinguishable from those struck down in Peruta, but apparently, the three-judge panel unanimously disagreed."

I notice that while Peruta was a 2-1 victory, what Mike would refer to as the slimmest of victories, while this case is unanimous. I wonder if the court is sending a message. Anyone know if the Federal Circuits announce decisions as they're made? Or are they all made and then released at some metered rate? "

Now comes Moms Demand Action contending that while other states may be able to safely deal with concealed-weapons holders, California has little experience with such a lifestyle.

"This will fundamentally change public life in California, where dining in restaurants, riding on a train, or standing in a checkout line next to someone carrying a loaded firearm is not customary," says Catherine Stephani, California chapter leader for Moms Demand Action, in a statement. "Other states live this reality, but this has not been our way of life in California."

The Brady Bunch mouthpiece is confused? That's like saying he's a promoter of tyranny--but I'm glad he admits to the obvious. This sheriff apparently has surrendered to the forces of good. Unfortunately, there will always be a few orcs remaining in caves here and there that will continue to attack good people, but we are winning.

Are the rest of you reading this the way I am--that we should find out today whether or not there will be an en banc review?

Michel said it's possible that more liberal 9th Circuit judges would have sought to review the case without a county or state request. Either way, the call for a vote on whether to review the case must happen by Friday, March 7, he said.